SATYAWATI DEVI Vs. HAJI MOHAMMAD SHAREEF

JUDGEMENT

(1.) The decision rendered in this appeal shall govern disposal of other connected appeal being M.A. No. 428 of 2002, as both these appeals arise out of common award rendered by the Tribunal (M.A.C.T.).

(2.) This is an appeal filed by claimants under section 173 of Motor Vehicles Act against an award dated 8.12.2001, passed by learned 1st Additional Member, Motor Accidents Claims Tribunal, Mhow, District Indore, in Claim Case No. 146 of 1999 whereas, other connected appeal is tiled by the insured, i.e., owner of the offending vehicle under section 173 of the Act against the same aforementioned award. By impugned award, the Tribunal awarded a total sum of Rs. 4,95,000 along with interest payable at the rate of 9 per cent per annum to the claimants for the death of one Devendra Singh.

(3.) In these two appeals, two questions arise for consideration. Firstly, whether any case for further enhancement in the compensation awarded by the Tribunal is made out? And secondly, whether Claims Tribunal was justified in exonerating the insurance company from the liability?